S. Moideen vs State of Kerala and Others

M. Sasidharan Nambiar, J.—Petitioner purchased Maruthi Alto Car KL-54-592 in an auction conducted pursuant to an order of confiscation u/s 67B of Abkari Act. This petition is filed for a direction to the third Respondent not to seize the vehicle in Crime 1298/2007 of Kunnamkulam Police Station.

Learned Counsel appearing for the Petitioner was heard.

The argument of the learned Counsel appearing for the Petitioner is that he had purchased the vehicle for Rs. 1,62,000/- on 29.4.2009, after it was confiscated u/s 67B of Kerala Abkari Act in the auction conducted by the Joint Excise Commissioner, South Zone and thus he became the absolute owner of the property free from any encumbrance and therefore third Respondent has no right to proceed against the said vehicle.

The vehicle is sought to be seized in Crime 1298/2007 of Kunnamkulam Police Station on the allegation that it is a stolen vehicle. Petitioner is not entitled to contend that the police cannot seize the vehicle, if it is a stolen vehicle. The theft was committed earlier to 2007. Petitioner purchased it only on 29.4.2009. In such circumstances, Petitioner is not entitled to get any relief in this petition. Petitioner is entitled to seek his remedy in respect of the vehicle in accordance with law.

Petition is dismissed.